Chapter 3.21
LEASEHOLD TAX

Sections:

3.21.010    Imposition.

3.21.020    Rate.

3.21.030    Allowable credits.

3.21.040    Exemptions.

3.21.050    Contract authorized.

3.21.060    Inspection of records.

3.21.070    Penalties.

3.21.010 Imposition.

Pursuant to RCW 82.29A.040 as the same now exists or may hereafter be amended, the city of Bothell hereby levies, on and after August 1, 1997, a leasehold excise tax upon the act or privilege of occupying or using publicly owned real or personal property within the city of Bothell through a “leasehold interest” as defined by RCW 82.29A.020, as the same now exists, or may hereafter be amended. The tax shall be paid, collected and remitted to the Department of Revenue at the time and in the manner prescribed by RCW 82.29A.050, as the same now exists or may hereafter be amended. (Ord. 1699 § 1, 1997).

3.21.020 Rate.

The rate of the imposed tax shall be equal to four percent of taxable rent as defined by RCW 82.29A.020, as the same now exists or may hereafter be amended. (Ord. 1699 § 1, 1997).

3.21.030 Allowable credits.

After computation of the taxes imposed pursuant to RCW 82.29A.020 and 82.29A.030 there shall be allowed the following credits in determining the tax payable:

A.    With respect to a leasehold interest other than a product lease, executed with an effective date of April 1, 1986, or thereafter, or a leasehold interest in respect to which the Department of Revenue under the authority of RCW 82.29A.020 does adjust the contract rent base used for computing the tax provided for in RCW 82.29A.030, there shall be allowed a credit against the tax as otherwise computed equal to the amount, if any, that such tax exceeds the property tax that would apply to such leased property if it were privately owned.

B.    With respect to a product lease, a credit of 33 percent of the tax otherwise due. (Ord. 1699 § 1, 1997).

3.21.040 Exemptions.

Leasehold interests exempted by RCW 82.29A.130 and 82.29A.135 as they now exist or may hereafter be amended shall be exempt from the tax imposed pursuant to BMC 3.21.010. (Ord. 1699 § 1, 1997).

3.21.050 Contract authorized.

Pursuant to RCW 82.29A.080, as the same now exists or may hereafter be amended, the city manager is authorized to enter into a contract prior to the effective date of the ordinance codified in this chapter with the Department of Revenue for the administration and collection of said tax. (Ord. 1699 § 1, 1997).

3.21.060 Inspection of records.

The city of Bothell hereby consents to the inspection of such records as are necessary to qualify the city for inspection of records of the Department of Revenue pursuant to RCW 82.32.230. (Ord. 1699 § 1, 1997).

3.21.070 Penalties.

Any person violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be subject to penalty provided by Chapter 1.24 BMC. (Ord. 1699 § 1, 1997).